C-17/06

S.A.R.L. Celine v S.A. Celine

The following question has been referred by the Cour d’appel de Nancy France pursuant to Article 5 of the Trade Mark Directive - 89/104/EEC:

"Must Article 5(1) of Directive (EC) No. 89/104 be interpreted as meaning that the adoption, by a third party without authorisation, of a registered word mark, as a company name, business name or style in connection with the marketing of identical goods, amounts to use of that mark in the course of trade, which the proprietor is entitled to stop by reason of his exclusive rights?"